Return to Browsing

2 N.J.A.R. 447

Colalillo & Malloy v. Div. of Alcoholic Beverage Control
Formats: PDF | DjVu— Help viewing DjVu Files
Citation: 2 N.J.A.R. 447
Decision Date: 1981
Agency: DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Synopsis: Colalillo and Malloy filed a petition to determine if, pursuant to N.J.S.A. 33:1-12.39, 'good cause' existed for the renewal of their plenary retail distribution license which had not been actively used for a period of two years. The administrative law judge found that soon after petitioners acquired their retail license in 1976, they ceased operations at the then-licensed prem- ises. The petitioners filed an application with the mayor and council of Bound Brook for a place-to-place transfer of that license, but that applica- tion was denied on the basis of the Borough's ordinance forbidding a liquor license to be located within 700 feet of another licensed premises. At the same time, petitioners initiated actions in the Superior Court and before the Division of Alcoholic Beverage Control seeking to set aside the Borough's distance ordinance. This litigation concluded in 1978 with the ordinance in tact. In 1979 the Borough repealed its distance requirement and the petition- ers again applied for a place-to-place transfer. The license was not actively used during any of this period. The judge found that the petitioners had moved as expeditiously as possible through all the phases of the application process and throughout that period had repeatedly petitioned the Borough for an amendment to the distance ordinance. While acknowledging that the petitioners may not have exercised the best judgment in terminating operations at one location without having their new location approved, the administrative law judge did conclude that the petitioners had proven good cause for the acceptance of their application for license renewal. The judge noted this was particularly true since they had thought the site originally chosen was within the distance limitation of the ordinance. Accordingly, the Borough was ordered to consider the application for renewal. Francis X. Journick, Esq., for Petitioners, (Wilentz, Goldman & Spitzer, Attorneys) Saul Wolfe, Esq., for Objector, Somerset County Tavern Owners Association (Skoloff & Wolfe, Attorneys)